MOFCOM and GACC No. 81 Announcement of 2016

Date: 2017-01-12 16:18:07, Source: MOFCOM, Today/Total Visits : 0/214

To execute No. 2321 Resolution of the United Nations Security Council, the following management measures are hereby taken for part of the products involved in imports from or exports to North Korea, according to the Law of the People’s Republic of China on Foreign Trade.

I. Import of coal from North Korea. According to No. 2321 Resolution of the United Nations Security Council, the total amount or the total quantity of coal exported by North Korea to all the member states every year shall not exceed USD 400,870,018 or 7,500,000 tonnes (the lesser of which shall prevail) from January 1, 2017. The committee established by the United Nations Security Council according to No. 1718 Resolution (hereinafter referred to as Committee 1718) will publish the quantity (amount) of coal exported by North Korea to all the member states on its website every month, notifying the member states of immediately stopping importing coal from North Korea in the year when the import reaches 95% of the total quantity or the total amount. Then, the competent department of the government of China will, according to the notice of the United Nations, release an announcement That, from the date when the announcement takes effect, import of coal (including goods that have been delivered and have arrived at the ports of China) from North Korea will be prohibited. All the relevant enterprises should pay close attention to the related webpages of Committee 1718 (English:https://www.un.org/sc/suborg/en/sanctions/1718, Chinese: https://www.un.org/sc/suborg/zh/sanctions/1718) to keep timely track of the United Nations’ bulletin on export of coal by North Korea so as to make preparations in advance, arrange the import reasonably and avoid unnecessary losses.

Enterprises that import coal from North Korea must meet the following conditions. In case of any non-conformance, the relevant enterprises will be immediately stopped from importing coal and assume the corresponding legal liabilities:

(I) having no individual or entity that is involved in the nuclear plan or ballistic missile plan of North Korean or other activities prohibited in No. 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016) and 2321 (2016) Resolutions of the United Nations Security Council, including individuals or entities identified, individuals or entities acting on them, entities directly or indirectly owned or controlled by them, or individuals and entities assisting in avoidance of sanctions (Appendixes 1 and 2);

(II) totally for the purpose of safeguarding North Koreans’ livelihood and not generating revenues for the nuclear plan or ballistic missile plan of North Korean or other activities prohibited in No. 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016) and 2321 (2016) Resolutions of the United Nations Security Council;

(III) submitting to the customs department the Enterprise’s Commitment (Appendix 3) on which the legal representative or the principal of the enterprise signs its name and the official seal of the enterprise is sealed at the customs entry.

Upon confirmation, the Announcement on List of Partial Embargoed Minerals of North Korean (MOFCOM and GACC No. 11 Announcement of 2016) is still applicable to the coal not produced in North Korea and imported from Rajin Port.

II. The import of copper, nickel, silver and zinc from North Korea is banned, while the goods that have been delivered and have arrived at the ports of China prior to the date when the announcement takes effect may be permitted through.

III. The import of sculptures from North Korea is not allowed, except previously approved by Committee 1718 case by case. However, the goods that have been delivered and have arrived at the ports of China prior to the date when the announcement takes effect may be permitted through.

IV. The export of helicopters and ships to North Korea is prohibited, except previously approved by Committee 1718 case by case.